The position of the Kuwaiti constitution on human rights
The constitution is not only a document to regulate the relations of state authorities with one another, but rather a document that guarantees rights and freedoms.
And considering that the constitution is the highest legal rule, which must be respected and given a kind of appreciation and respect, and therefore the authority is always restricted by it and it is not permissible for it to violate its provisions, so that the principle of the supremacy of the constitution has become one of the most important characteristics of the modern state, and the constitution’s text on human rights and freedoms is translated. To us, how important human rights and freedoms are.
The Kuwaiti constitution devotes Chapter Three of it to “public rights and duties,” and most of the rights and freedoms stipulated in it fall within the framework of freedoms of an individual character, or what is called “the first generation of human rights.”
Chapter Two of the Constitution, entitled “The Basic Constituents of Kuwaiti Society,” contains an important number of rights of a social nature, which presuppose the state’s intervention to activate them, and it is called “the second generation of human rights.”
Among the important observations, for example, is that the Universal Declaration of Human Rights and the adoption of the rules that were established in Chapter Three of the Constitution, taking care that these rules are consistent with the provisions of Islamic law and the nature of Kuwaiti society, and this is what the explanatory memorandum made clear when Article 29 of the Constitution was explained, The explanatory memorandum of the constitution clarified this article by saying, "This article ... stipulates the principle of equality in public rights and duties in particular, and then singles out the most important applications of this principle by saying that there is no discrimination between them in this because of gender, origin, language or religion."
It is worth noting that the inclusion of human rights rules in the Kuwaiti constitution makes them constitutional provisions, and therefore the actions of public authorities must be compatible with the provisions of human rights in the Kuwaiti constitution, and with the presence of constitutional oversight over the actions of public authorities, it has a very important effect in what is called “the constitution of human rights” Therefore, Article 173 of the Constitution states, “The law shall designate the judicial body that is competent to adjudicate disputes related to the constitutionality of laws and regulations ... and the law guarantees the right of both the government and those concerned to challenge the constitutionality of laws and regulations ...”
It is clear that the Kuwaiti constitution establishes for a special court the right to monitor the constitutionality of laws, and the court issued a number of provisions that canceled the legislation that violates human rights, including the abolition of the law on gatherings for violating the right of individuals to meet, as well as the unconstitutionality of a text in the passport law that requires the consent of the husband for the wife to obtain On the passport, and it was not only based on the provisions of the Kuwaiti constitution, which guarantee individuals the equal enjoyment of freedom of travel, but it referred to the Universal Declaration of Human Rights.
Law No. 109 of 2014 Amending Some Provisions of Law No. 14 of 1973 Establishing the Constitutional Court Decision of the right to appeal every natural or legal person with an original claim before the Constitutional Court in any law or decree of a law or regulation, if he has serious suspicions of his violation of the provisions of the Constitution, and without a doubt This law gave individuals the right to communicate directly with the court, and this regulation undoubtedly addressed the deficiency that existed in the past.
Likewise, with regard to human rights and personal freedom, according to what was decided by the Constitutional Court ruling regarding the invalidation of Law No. 78 of 2015 regarding the genetic footprint, which was intended to be applied to all citizens, residents and visitors to the country, and there is no doubt that this ruling is in line with the constitutional principles, preserves the right to privacy and promises A victory for the principles of rights, especially since the provisions of the aforementioned law are inconsistent with the provisions of the Kuwaiti constitution related to human rights and freedoms, which are called as we mentioned the first generation of human rights, and in particular with the provision of Article 30 of the constitution which states “Personal freedom is guaranteed” and this is an inherent right guaranteed by Sharia Islam, the constitution and international human rights for all without discrimination or distinction between them.
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